DHAPUBAI Vs. TEJUBAI

JUDGEMENT

(1.) This is plaintiffs' second appeal. It is directed against the judgment and decree passed by the 2nd A.D.J. Khargone. By the impugned judgment and decree, lower appellate Court affirmed the dismissal of the suit for permanent injunction.

(2.) Admittedly defendant No. 1 and 2 Tejubai and Supdibai are the real sisters of plaintiff No.1Dhapubai whereas defendant No. 5 is the husband of their predeceased sister Merubai. Defendant No. 3 and 4 are the sons of defendant No. 1 and 2. The property in dispute is the agriculture lands 1of late Bhilya, father of Plaintiff No. 1 and defendant No. 1 and 2.

(3.) As Per Plaint Allegations, Plaintiff No. 1 being the youngest daughter was an apple of eye of late Bhilya, therefore, after her marriage with the plaintiff No. 2, both continued to reside and live with Bhilya. They looked after Bhilya and managed his affairs including cultivation over the land in dispute. It was alleged that Bhilua died intestate in the year 2001, therefore his interest would devolve exclusively upon the plaintiffs as per custom and usage and not upon other surviving members. It was further alleged that defendants were trying to interfere in the possession over the land in dispute therefore, the suit for permanent injunction.